Audit (Amendment) Act 2003

i Audit (Amendment) Act 2003 Act No. 36/2003 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 PART 2—AMENDMENT OF AUDIT ACT 1994 3 3. Definitions 3 4. New section 3A substituted 4 3A. Objectives 4 5. Annual plan 5 6. Annual report 6 7. Concurrent consideration of Auditor-General's annual plan and budget 6 8. Assistance for Auditor-General 6 9. Delegation 7 10. Further amendment of delegation provisions 8 11. New section 7H inserted 8 7H. State indemnity 8 12. New section 9 substituted and 9A inserted 9 9. Audit opinions on financial statements 9 9A. Audit opinion on annual financial report of the State 10 13. New section 10 substituted 10 10. Audit fees 10 14. New section 13 substituted 11 13. Auditing standards 11 15. Increased penalty for failing to attend Auditor-General etc. 12 16. New sections 15 and 16 substituted 12 15. Performance audits 12 16. Audit reports to Parliament 13 17. New section 16A substituted 15 16A. Reports to Parliament on annual financial report of the State 15 18. New section 16AB inserted 16 16AB. Transmission of reports to Parliament 16 19. Consequential amendment of section 16B 18 -- 1 of 29 -- Section Page ii 20. New Part 3B inserted 18 PART 3B—FURTHER FUNCTIONS AND POWERS OF AUDITOR-GENERAL 18 16C. Audits in relation to financial benefits given by the State or authorities 18 16D. Acting as auditor under the Corporations Act 19 16E. Other auditing services for authorities 20 16F. Information to public officials during course of audit 20 16G. Other financial audits 21 21. Audits of Auditor-General 22 22. Consequential repeal of section 20 24 23. Improper use of information 24 24. New section 28 inserted 25 28. Authorities 25 PART 3—FINANCIAL MANAGEMENT ACT 1994 26 25. Tabling requirements for financial reports and statements 26 ═══════════════ ENDNOTES 27 -- 2 of 29 -- 1 Audit (Amendment) Act 2003 † [Assented to 11 June 2003] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The main purposes of this Act are— (a) to amend the Audit Act 1994 with respect to the powers of the Auditor-General and indemnities for the Auditor-General and audit staff; (b) to amend the Financial Management Act 1994 with respect to the tabling of financial reports. Victoria No. 36 of 2003 -- 3 of 29 -- Part 1—Preliminary Audit (Amendment) Act 2003 Act No. 36/2003 2 2. Commencement (1) This Part and sections 5, 9 and 11 come into operation on the day after the day on which this Act receives the Royal Assent. (2) The remaining provisions of this Act come into operation on 1 July 2003. _______________ s. 2 -- 4 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 3 PART 2—AMENDMENT OF AUDIT ACT 1994 3. Definitions (1) In section 3 of the Audit Act 1994, insert the following definitions— ' "annual financial report" means the report prepared under section 24 of the Financial Management Act 1994 for a financial year; "business day" means a day other than a Saturday, a Sunday or a public holiday appointed under the Public Holidays Act 1993; "control", in relation to an entity or company, has the same meaning as in the accounting standard that applies for the purpose of deciding whether a company has to prepare consolidated financial statements under the Corporations Act; "entity" has the same meaning as in the accounting standard that applies for the purpose of deciding whether a company has to prepare consolidated financial statements under the Corporations Act; "estimated financial statements" means estimated financial statements prepared under section 23H of the Financial Management Act 1994; "performance audit" means— (a) in relation to the Auditor-General or the Victorian Auditor-General's Office, an audit conducted under section 19; (b) in any other case, an audit conducted under section 15;'. s. 3 See: Act No. 2/1994. Reprint No. 3 as at 1 January 2000 and amending Act No. 9/2000. LawToday: www.dms. dpc.vic. gov.au -- 5 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 4 (2) In section 3 of the Audit Act 1994, in the definition of "authority", after paragraph (b) insert— "(c) an entity (other than a department or public body) of which the State or a public body has control;". (3) In section 3 of the Audit Act 1994, in the definition of "independent auditor", for "Part 4" substitute "section 17". 4. New section 3A substituted For section 3A of the Audit Act 1994 substitute— "3A. Objectives (1) The objectives of this Act are— (a) to determine whether financial statements prepared in the Victorian public sector present fairly the financial position and financial results of operations of authorities and the State; (b) to determine whether— (i) authorities are achieving their objectives effectively and doing so economically and efficiently and in compliance with all relevant Acts; (ii) Victorian public sector operations and activities are being performed effectively, economically and efficiently and in compliance with all relevant Acts; (c) to determine whether financial benefits given by the State or an authority to non-government bodies are being applied economically, efficiently and s. 4 -- 6 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 5 effectively for the purposes for which they were given; (d) to ensure that the Auditor-General is held accountable for his or her performance and the performance of the Victorian Auditor-General's Office. (2) It is the Parliament's intention that, in pursuing these objectives, regard is had as to whether there has been any wastage of public resources or any lack of probity or financial prudence in the management or application of public resources.". 5. Annual plan For section 7A(4) and (5) of the Audit Act 1994 substitute— "(4) As soon as practicable after the passage of the annual appropriation Acts for a financial year, the Auditor-General must complete the annual plan for that year, after considering any comments received from the Parliamentary Committee. (5) The Auditor-General must indicate in the annual plan the nature of any changes suggested by the Parliamentary Committee that the Auditor-General has not adopted. (6) Before the beginning of the financial year to which an annual plan relates, the Auditor- General must— (a) present the annual plan to the Parliamentary Committee; and (b) give the annual plan to the clerk of each House of the Parliament. s. 5 -- 7 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 6 (7) The clerk of each House of the Parliament must cause the annual plan to be laid before the House on the day on which it is received or on the next sitting day of the House. (8) An annual plan that is given to the clerks under sub-section (6)(b) is taken to have been published by order, or under the authority, of the Houses of the Parliament.". 6. Annual report In section 7B(2) of the Audit Act 1994— (a) in paragraph (d), for "such resolutions." substitute "such resolutions; and"; (b) after paragraph (d) insert— "(e) summarise the quality control policies and procedures that were in place in the Victorian Auditor-General's Office for the financial year; and (f) summarise any additional auditing standards that the Auditor-General has applied under section 13(3) to the conduct of audits during the financial year.". 7. Concurrent consideration of Auditor-General's annual plan and budget In section 7D(2) of the Audit Act 1994, after "Parliamentary Committee" insert "concurrently with the annual plan under section 7A". 8. Assistance for Auditor-General In section 7F of the Audit Act 1994, after "firm" insert "(other than a person who holds an appointment under section 19)". s. 6 -- 8 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 7 9. Delegation (1) In section 7G(1) of the Audit Act 1994, for "may delegate in writing to any person" substitute "may, by instrument, delegate to a person employed in the Victorian Auditor-General's Office or to a registered company auditor". (2) For section 7G(2) of the Audit Act 1994 substitute— "(2) The Auditor-General may delegate to a registered company auditor who is not employed in the Victorian Auditor-General's Office the power to make a report under section 9 on an audit of the financial statements of an authority only if the total expenditure disclosed in those financial statements does not exceed the threshold amount.". (3) In section 7G(3) of the Audit Act 1994— (a) for paragraph (a) substitute— "(a) for financial statements in respect of the financial years, or any part of the financial years, commencing on 1 July 2002 and 1 July 2003—$5 000 000;"; (b) in paragraph (b)— (i) for "$1 000 000" substitute "$5 000 000"; (ii) for "31 March 1999" substitute "31 March 2003". (4) After section 7G(3) of the Audit Act 1994 insert— '(4) In this section— "registered company auditor" has the same meaning as in the Corporations Act.'. s. 9 -- 9 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 8 10. Further amendment of delegation provisions (1) In section 7G of the Audit Act 1994— (a) for sub-section (1)(a) and (b) substitute— "(a) the power to express an audit opinion under section 9A; or (b) the power to make a report under section 16, 16A or 16B; or (c) this power of delegation."; (b) in sub-section (2), for "make a report under section 9 on an audit of" substitute "express an audit opinion under section 9 on". (2) After section 7G(2) of the Audit Act 1994 insert— "(2A) The Auditor-General cannot delegate any function or power to a person who holds an appointment under section 19.". 11. New section 7H inserted After section 7G of the Audit Act 1994 insert— "7H. State indemnity (1) This section applies to— (a) the Auditor-General; (b) the Deputy Auditor-General; (c) a person acting in the office of Auditor- General or Deputy Auditor-General; (d) an employee referred to in section 7E. (2) The State must indemnify a person to whom this section applies against any liability that he or she incurs for anything done or omitted to be done in good faith— s. 10 -- 10 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 9 (a) in the exercise of a power or the performance of a function or duty under this or any other Act; or (b) in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function or duty under this or any other Act. (3) The indemnity does not cover a liability of a person to the extent to which he or she is entitled to be indemnified against the liability by a person other than the State, whether under a contract of insurance or otherwise.". 12. New section 9 substituted and 9A inserted For section 9 of the Audit Act 1994 substitute— "9. Audit opinions on financial statements (1) After auditing an authority's financial statements under section 8(1), the Auditor- General must express a written audit opinion on the financial statements to the authority. (2) The audit opinion must be expressed within 4 weeks after the day on which the financial statements were received by the Auditor- General for auditing. (3) The Auditor-General must give a copy of each audit opinion on the financial statements of an authority to— (a) the Minister responsible for the authority; and (b) the Minister administering this section. s. 12 -- 11 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 10 9A. Audit opinion on annual financial report of the State (1) The Auditor-General must express a written audit opinion on each annual financial report to the Minister who prepared the annual financial report. (2) The audit opinion must be expressed a reasonable time before the annual financial report to which it relates is required to be laid before, or given to the clerk of, each House of the Parliament under section 27D of the Financial Management Act 1994.". 13. New section 10 substituted For section 10 of the Audit Act 1994 substitute— "10. Audit fees (1) An authority must pay to the Consolidated Fund an amount determined by the Auditor- General to defray the reasonable costs and expenses incurred by or on behalf of the Auditor-General in conducting an audit of the financial statements of the authority and expressing an audit opinion on them under section 9. (2) The Minister who prepared the annual financial report must pay to the Consolidated Fund an amount determined by the Auditor- General to defray the reasonable costs and expenses incurred by the Auditor-General in conducting an audit of the annual financial report and expressing an audit opinion on it under section 9A. (3) The Minister who prepared the estimated financial statements must pay to the Consolidated Fund an amount determined by the Auditor-General to defray the reasonable s. 13 -- 12 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 11 costs and expenses incurred by the Auditor- General in reviewing the estimated financial statements and making a report on them under section 16B. (4) If an authority or the Minister referred to in sub-section (2) or (3) disputes the reasonableness of an amount to be paid by the authority or Minister under this section, the dispute is to be referred to arbitration under the Commercial Arbitration Act 1984.". 14. New section 13 substituted For section 13 of the Audit Act 1994 substitute— "13. Auditing standards (1) The general auditing standards as issued from time to time by CPA Australia and the Institute of Chartered Accountants in Australia must be applied in the performance of functions and exercise of powers in relation to audits under this Act. (2) A performance audit must be conducted in accordance with the performance auditing standards as issued from time to time by CPA Australia and the Institute of Chartered Accountants in Australia. (3) The Auditor-General may apply additional auditing standards, not inconsistent with the standards referred to in sub-section (1) or (2), to the conduct of audits under this Act. Note: These additional standards must be summarised in the Auditor-General's annual report—see section 7B(2)(f).". s. 14 -- 13 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 12 15. Increased penalty for failing to attend Auditor- General etc. For the penalty at the foot of section 14(1) of the Audit Act 1994 substitute— "Penalty: 50 penalty units, in the case of a natural person; 250 penalty units, in the case of a body corporate.". 16. New sections 15 and 16 substituted For sections 15 and 16 of the Audit Act 1994 substitute— '15. Performance audits (1) The Auditor-General may conduct any audit he or she considers necessary to determine— (a) whether an authority is achieving its objectives effectively and doing so economically and efficiently and in compliance with all relevant Acts; or (b) whether the operations or activities of the whole or any part of the Victorian public sector (whether or not those operations or activities are being performed by an authority or authorities) are being performed effectively, economically and efficiently and in compliance with all relevant Acts. (2) Before conducting a performance audit, the Auditor-General, in consultation with the Parliamentary Committee and any relevant authorities, must prepare a specification for the audit that sets out the particular objectives of the audit and any particular issues to be addressed. s. 15 -- 14 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 13 (3) The Auditor-General, in consultation with the Parliamentary Committee, is to determine— (a) the intervals at which performance audits of a particular authority are to be conducted; and (b) the number of performance audits to be conducted in each financial year. 16. Audit reports to Parliament (1) The Auditor-General may make a report to the Parliament on any one or more audits conducted by or on behalf of him or her under this or any other Act. (2) In a report under this section, the Auditor- General— (a) may include any information he or she thinks desirable in relation to matters that are the subject of the audit to which the report relates; and (b) must set out the reasons for opinions expressed in the report; and (c) may include any recommendations arising out of the audit that he or she thinks fit to make. (3) After preparing a proposed report, the Auditor-General must— (a) give a copy of it, or part of it, to— (i) any authority to which the proposed report or part relates or that, in the Auditor-General's opinion, has a special interest in the proposed report or part; and s. 16 -- 15 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 14 (ii) in the case of a proposed report or part of a proposed report on a performance audit referred to in section 15(1)(b)—the department head of the department for which the Minister administering that section is responsible; and (b) ask the authority or department head (as the case requires), in writing, for submissions or comments before a specified date, being— (i) in the case of a proposed report on a performance audit—at least 10 business days after the proposed report or part is given to the authority or department head; or (ii) in the case of a proposed report on any other audit—at least 5 business days after the proposed report or part is given to the authority. (4) The Auditor-General must include in the report to the Parliament any submissions or comments made before the specified date, or a summary of them in a form agreed between the Auditor-General and the authority or department head. (5) Nothing in this section entitles the Auditor- General to question the merits of policy objectives of the Government. (6) In sub-section (5)— "policy objectives" includes— (a) a Government policy direction of a Minister; s. 16 -- 16 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 15 (b) a policy statement in a Budget Paper; (c) a statement of objectives in a corporate plan of an authority approved by a Minister; (d) any other document evidencing a policy decision of the Government or a Minister.'. 17. New section 16A substituted For section 16A of the Audit Act 1994 substitute— '16A. Reports to Parliament on annual financial report of the State (1) The Auditor-General must make a report to the Parliament on each annual financial report. (2) A report under this section may include any information and recommendations that the Auditor-General thinks fit— (a) for the more effective and efficient management of public resources; and (b) for the keeping of proper accounts and records of the transactions relating to public resources. (3) After preparing a proposed report, the Auditor-General must— (a) give a copy of it to the Minister; and (b) ask the Minister, in writing, for submissions or comments before a specified date, being at least 10 business days after the proposed report is given to him or her. s. 17 -- 17 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 16 (4) The Auditor-General must include in the report to the Parliament any submissions or comments made before the specified date, or a summary of them in a form agreed between the Auditor-General and the Minister. (5) In this section, "Minister" means the Minister who prepared the annual financial report.'. 18. New section 16AB inserted After section 16A of the Audit Act 1994 insert— "16AB. Transmission of reports to Parliament (1) This section applies to a report under section 16 or 16A. (2) The Auditor-General must cause the report to be transmitted to each House of the Parliament— (a) in the case of a report under section 16—as soon as practicable after it has been completed; (b) in the case of a report under section 16A—on or before 24 November next following the financial year to which it relates. (3) The clerk of each House of the Parliament must cause the report to be laid before the House on the day on which it is received or on the next sitting day of the House. (4) If the Auditor-General proposes to transmit a report to the Parliament when the Parliament is in recess, the Auditor-General must— (a) give one business day's notice of his or her intention to do so to the clerk of each House of the Parliament; and s. 18 -- 18 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 17 (b) give the report to the clerk of each House on the day indicated in the notice; and (c) publish the report on the Auditor- General's Internet website as soon as practicable after giving it to the clerks. (5) The clerk of each House must— (a) notify each member of the House of the receipt of a notice under sub-section (4)(a) on the same day that the clerk receives that notice; and (b) give a copy of a report to each member of the House as soon as practicable after the report is received under sub- section (4)(b); and (c) cause the report to be laid before the House on the next sitting day of the House. (6) A report that is given to the clerks under sub- section (4)(b) is taken to have been published by order, or under the authority, of the Houses of the Parliament. (7) The publication of a report by the Auditor- General under sub-section (4)(c) is absolutely privileged and the provisions of sections 73 and 74 of the Constitution Act 1975 and any other enactment or rule of law relating to the publication of the proceedings of the Parliament apply to and in relation to the publication of the report as if it were a report to which those sections applied and had been published by the Government Printer under the authority of the Parliament. s. 18 -- 19 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 18 (8) For the purposes of this section, the Parliament is in recess when each House stands adjourned to a date to be fixed by the presiding officer of that House.". 19. Consequential amendment of section 16B In section 16B of the Audit Act 1994— (a) in sub-section (1), omit "prepared under section 23H of the Financial Management Act 1994"; (b) in sub-section (6), in the definition of "policy objectives", for "16(9)" substitute "16(6)". 20. New Part 3B inserted After Part 3A of the Audit Act 1994 insert— 'PART 3B—FURTHER FUNCTIONS AND POWERS OF AUDITOR-GENERAL 16C. Audits in relation to financial benefits given by the State or authorities (1) The Auditor-General may conduct any audit he or she considers necessary to determine whether a financial benefit given by the State or an authority to a person or body that is not an authority has been applied economically, efficiently and effectively for the purposes for which it was given. (2) The following sections of this Act apply to an audit under this section as if references in those sections to an authority were references to the person or body that received the financial benefit— (a) section 11 (power to call for persons and documents); (b) section 12 (access to information); (c) section 13 (auditing standards); s. 19 -- 20 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 19 (d) section 14 (offences); (e) section 16 (audit reports to Parliament); (f) section 16F (giving information during the course of an audit); (g) section 20A (improper use of information). (3) In this section— "financial benefit" means any form of financial benefit, other than a financial benefit received by a person or body as consideration for goods or services provided by them under an agreement entered into on commercial terms. Example An example of a financial benefit is a payment made by a department to a body that is not obliged to provide goods or services of approximately equal value directly back to the department in return. 16D. Acting as auditor under the Corporations Act (1) The Auditor-General may accept appointment under the Corporations Act as the auditor of a State company. (2) The Auditor-General may charge fair and reasonable fees in respect of the appointment. (3) This section does not limit the Auditor- General's functions under section 16E. (4) In this section, "State company" means a company of which the State or an authority has control. Note: Section 3 defines "control" by reference to the relevant accounting standard. s. 20 -- 21 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 20 16E. Other auditing services for authorities (1) At the request of an authority, the Auditor- General may enter into an arrangement with the authority for the provision by the Auditor-General of other auditing services to the authority. (2) An authority may make a request under sub- section (1) only with the approval of the Minister responsible for the authority. (3) An arrangement may provide for the payment of fair and reasonable fees to the Auditor-General in respect of his or her services. 16F. Information to public officials during course of audit (1) At any time during the conduct of an audit, the Auditor-General may give written information to a person or body referred to in sub-section (2) concerning any matter that the Auditor-General considers warrants urgent investigation or attention. (2) The persons or bodies to whom information may be given under this section are— (a) a Minister; (b) the Chief Commissioner of Police; (c) an authority; (d) a member, officer or employee of an authority; (e) the holder of an office established by or under an Act to which the right to appoint is vested in the Governor in Council or a Minister. s. 20 -- 22 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 21 (3) If the Auditor-General gives information under this section, he or she must— (a) notify the Premier; and (b) include a statement in the audit report that he has given information to a person or body under this section during the conduct of the audit. 16G. Other financial audits (1) At the request of a person or body that is not an authority, the Auditor-General may enter into an arrangement with that person or body to audit its financial statements. (2) Before entering into an arrangement, the Auditor-General must be satisfied that— (a) the person or body exists for a public purpose; and (b) it is practicable and in the public interest for the Auditor-General to audit the financial statements of the person or body. (3) An arrangement may provide for the payment of fair and reasonable fees to the Auditor-General in respect of the audit. (4) The following sections of this Act apply to an audit by the Auditor-General pursuant to an arrangement made under this section as if references in those sections to an authority were references to the person or body with which the arrangement is made— (a) section 8 (audit of financial statements); (b) section 9 (audit opinions on financial statements); s. 20 -- 23 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 22 (c) section 11 (power to call for persons and documents); (d) section 12 (access to information); (e) section 13 (auditing standards); (f) section 14 (offences); (g) section 16 (audit reports to Parliament); (h) section 16F (giving information during the course of an audit); (i) section 20A (improper use of information).'. 21. Audits of Auditor-General (1) In section 18(3)(a) of the Audit Act 1994— (a) for "10 days" substitute "10 business days"; (b) for "7 days" substitute "5 business days". (2) Insert the following heading to section 19 of the Audit Act 1994— "Performance audit of Auditor-General and Victorian Auditor-General's Office". (3) In section 19 of the Audit Act 1994— (a) in sub-section (1), for "Auditor-General is achieving his or her objectives" substitute "Auditor-General and the Victorian Auditor- General's Office are achieving their objectives"; (b) in sub-section (2), for "an auditor" substitute "a suitably qualified person". s. 21 -- 24 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 23 (4) After section 19(2) of the Audit Act 1994 insert— "(2A) None of the following can be appointed to conduct an audit under this section— (a) a person engaged by the Auditor- General under section 7F; (b) a person who holds a delegation from the Auditor-General under section 7G; (c) the independent auditor.". (5) In section 19 of the Audit Act 1994— (a) in sub-section (3), for "An auditor" substitute "A person"; (b) in sub-section (4), for "an auditor" substitute "a person"; (c) in sub-section (5)— (i) for "an auditor" substitute "a person"; (ii) for "the auditor" substitute "the person"; (d) in sub-section (6)— (i) for "An auditor" substitute "A person"; (ii) in paragraph (a), for "28 days before making the report, the auditor" substitute "20 business days before making the report, the person"; (iii) in paragraph (b), for "14 days" substitute "10 business days"; (e) in sub-sections (7), (8) and (9), for "The auditor" substitute "The person". s. 21 -- 25 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 24 22. Consequential repeal of section 20 Section 20 of the Audit Act 1994 is repealed. 23. Improper use of information (1) For the penalty at the foot of section 20A of the Audit Act 1994 substitute— "Penalty: 50 penalty units, in the case of a natural person; 250 penalty units, in the case of a body corporate.". (2) At the end of section 20A of the Audit Act 1994 insert— "(2) A person who receives a proposed report, or part of a proposed report, of the Auditor- General under this Act must not disclose any information contained in it except— (a) in the course of performing the person's official duties; or (b) after the information has been made public in a report by the Auditor- General. Penalty: 50 penalty units, in the case of a natural person; 250 penalty units, in the case of a body corporate. (3) A person to whom information is given under section 16F must not disclose it except— (a) in the course of performing the person's official duties; or s. 22 -- 26 of 29 -- Part 2—Amendment of Audit Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 25 (b) after the information has been made public in a report by the Auditor- General. Penalty: 50 penalty units, in the case of a natural person; 250 penalty units, in the case of a body corporate.". 24. New section 28 inserted After section 27 of the Audit Act 1994 insert— '28. Authorities (1) This section applies to an entity (other than a department or public body) of which the State or a public body has control if— (a) the entity was in existence on 1 July 2003; and (b) a person or body other than the Auditor-General had been appointed, before 1 July 2003, as the auditor of the entity; and (c) that appointment was in force on 1 July 2003. (2) Despite paragraph (c) of the definition of "authority" in section 3, an entity to which this section applies is not an authority for the purposes of this Act until the current term of the appointment referred to in sub- section (1)(b) expires.'. _______________ s. 24 -- 27 of 29 -- Part 3—Financial Management Act 1994 Audit (Amendment) Act 2003 Act No. 36/2003 26 PART 3—FINANCIAL MANAGEMENT ACT 1994 25. Tabling requirements for financial reports and statements (1) For section 27D(2) and (3) of the Financial Management Act 1994 substitute— "(2) Subject to this section, the Minister must cause a document to which this section applies to be laid before— (a) a House of the Parliament on or before the release day for that document; and (b) the other House on the same day or, if that House is not then sitting, on the next sitting day of that House.". (2) In section 27D(4)(a) of the Financial Management Act 1994, for "the Legislative Assembly" substitute "either House of the Parliament". ═══════════════ s. 25 See: Act No. 18/1994. Reprint No. 4 as at 19 April 2000 and amending Act Nos 11/2001, 44/2001 and 50/2001. LawToday: www.dms. dpc.vic. gov.au -- 28 of 29 -- Audit (Amendment) Act 2003 Act No. 36/2003 27 ENDNOTES † Minister's second reading speech— Legislative Assembly: 1 May 2003 Legislative Council: 22 May 2003 The long title for the Bill for this Act was "to amend the Audit Act 1994 with respect to the powers of the Auditor-General and indemnities for the Auditor-General and audit staff, to amend the Financial Management Act 1994 with respect to the tabling of financial reports and for other purposes." Endnotes -- 29 of 29 --